Terms and Conditions

January, 2009
Claddagh.nl, Stadhouderlaan 73, 8016CP Zwolle, the Netherlands
Dial: +31 (0)38 4203617
E-mail: info@claddagh.nl
Chamber of Commerce Zwolle: 05032684
BTW (VAT): NL112713130B02

Paragraph 1. Applicability

  1. All offers, orders and agreements with third parties entered into by Claddagh.nl are subject solely to these Terms of Delivery, excluding all others, if any. By placing an order, clients accept the applicability of these Terms of Delivery.
  2. What is stated in these Terms of Delivery is leading unless other conditions have been explicitly agreed upon in writing. In case any agreement is made which deviates in part from these Terms of Delivery, all other parts of these Terms of Delivery will remain in force.
  3. Everything in these Terms of Delivery and all other subsequent conditions agreed upon by or on behalf of Claddagh.nl will apply to all intermediaries and other third parties working on behalf of Claddagh.nl

Paragraph 2. Offers and Agreements

  1. Prices stated by Claddagh.nl are fixed during the currency period, but are subject to alterations in the VAT rates. Claddagh.nl explicitly reserves the right to change its Terms of Delivery.
  2. Orders can be placed by completing the online form or by placing an order using e-mail, fax, telephone or mail. An order constitutes a binding agreement on the part of the client to enter into a purchase contract. This agreement is held to be entered upon as soon as it reaches Claddagh.nl.
  3. Claddagh.nl can accept an order by shipping the product ordered or by confirming the order within a term of 14 calendar days to the e-mail address indicated by the client. In case of the order not being confirmed in one of these ways, it is considered to be refused.

Paragraph 3. Compliance

  1. The descriptions and specifications of the product ordered comply with the information issued by the manufacturer of said product. This principle is always upheld, unless it is deviated from in writing.

Paragraph 4. Prices

  1. Stated prices for products offered are in Euro. VAT is included, handling fees (packaging, insurance and shipping) are not included.
  2. Packaging and shipping costs are stated on our website http://www.claddagh.nl
  3. All prices stated including handling fees apply only to those countries where claddagh.nl supplies its goods to clients and only to the time of ordering. Claddagh.nl reserves the right to adjust all prices at any moment, making the previous price statement(s) void. Only the prices stated at the time of ordering will be valid.
  4. In case prices are increased in the interval between the order being placed and its delivery, the client is entitled to annul the order or terminate the agreement (client’s option) within seven days of this being made public on the website of claddagh.nl.

Paragraph 5. Cancellation

  1. Clients are entitled to cancel their purchase within 7 days of delivery of the product by informing Claddagh.nl of this fact. They do not have to state reasons. This right to cancellation is void (a) in case the client is acting professionally or on behalf of a company and (b) in cases stated in Paragraph 7:46d lid 4 Burgerlijk Wetboek [Dutch Civil Law]
  2. Clients shall return the product(s) concerned within 7 calendar days after cancellation of the agreement. They shall do so at their own expense.
  3. Clients shall refrain from acts reserved for the manufacturer or other authorized persons by virtue of the instructions for use or other indications supplied with the product. These acts include removing seals, serial numbers and similar acts.
  4. In case of products not returned by the client, or returned in a damaged or devalued state, the client concerned shall reimburse Claddagh.nl for the damage or loss of value concerned, even if the damage occurred through use in compliance with the manufacturer’s instructions. Clients can avoid this obligation by not using the product following delivery and taking utmost care to prevent damage.
  5. The right to cancellation is void in the following cases:
    1. Products made to the clients’ specifications.
    2. Products sold at a reduced price.
    3. Products such as earrings and ear-studs, unless they are still in their original. sealed packing and can be shown not to have been worn or tried on.
  6. In case of damage or loss of a product Claddagh.nl is entitled to a reimbursement, unless said damage can be shown to follow from normal use in view of trying out the product in compliance with the instructions supplied with it.

Paragraph 6. Delivery

  1. Shipping the product ordered to the address indicated by the client constitutes delivery.
  2. The shipping term is stated on the website and is 14 days, maximum, unless otherwise agreed upon. Stated terms are indications and are not binding for claddagh.nl unless an explicit delivery date has been agreed upon in writing.
  3. Claddagh.nl is entitled to cancel an agreement at any moment in case a product is (temporarily) not available. Alternately, Claddagh.nl is entitled to offer the client another product, similar in price and quality.
  4. In case of delivery being impossible due to a product being (temporarily) unavailable the client will be informed as soon as possible. The purchase price will be paid back to the client as soon as possible and in any case, within 30 days.
  5. In no way shall Claddagh.nl be responsible for damage due to non-delivery or late delivery due to delays in processing orders or any other causes, unless and inasmuch as this can be shown to be due to intent or neglect on the part of claddagh.nl.
  6. In case of late delivery due to (temporary) non-availability of the product or any other cause beyond the control of Claddagh.nl, clients will be informed as soon as possible. Should the aforementioned cause still apply after four weeks after the agreement was entered into, either party is entitled to cancel the agreement.
  7. Shipping and packing fees will be stated separately with all deliveries.

Paragraph 7. Payment, Suspension and Clearance

  1. Delivery will take place following pre-payment or with cash on delivery, in principle according to what the client has indicated when ordering.
  2. In certain cases, to be determined by Claddagh.nl, Companies can be supplied with goods paid afterwards or by automatic transfer (for which the fee is due by the client), but only in case this has been previously and explicitly agreed upon in writing. In case one of said means of payment is used, the claim by Claddagh.nl is due immediately following the agreement.
  3. All payments shall proceed without any delay, clearance or reservation, for whatever reason and inasmuch as the balance due is acknowledged by the client or has been established otherwise.
  4. Orders can be subject to additional conditions. In case of a bank or giro transfer the date of crediting the giro or bank account held by Claddagh.nl will be considered as the day of payment.
  5. In case of arrears clients are bound to pay an interest of 1% per month, to be computed from the day that payment was due and over the full amount or the part which has not been paid. They are considered to be in arrears, starting that day.
  6. Claddagh.nl shall be entitled to suspend or cancel an agreement and all subsequent agreements in case the client fails to make the payments he is due.
  7. Clients shall not be entitled to suspend any obligation to pay or return goods while awaiting the fulfilment of any obligation by Claddagh.nl, unless said obligations stem from (cancellation of) the same agreement.

Paragraph 8. Reservation of property

  1. Property of products supplied by Claddagh.nl is transferred only at the moment the client has fulfilled all obligations it us due to meet, based on any agreement made with Claddagh.nl.
  2. The risk carried by the product is transferred to the client at the moment of delivery.
  3. No alterations such as transfer. Renting out, mortgaging, handing over as a security and changes made in the product are allowed prior to the client becoming the lawful owner of the goods by meeting all his obligations, unless explicit permission in writing is obtained from Claddagh.nl.

Paragraph 9. Warranty

  1. Clients are advised to examine goods delivered to them to ascertain whether they comply with the agreement. Should this not be the case, clients are bound to inform Claddagh.nl as soon as possible, in writing and stating reasons, following the time when this could reasonably come to the notice of the client. Clients cannot claim non-compliance with the agreement in case they did not inform Claddagh.nl as is stated above.
  2. Damage to the product due to incompetent actions on the part of the client will be at the expense of the client. Regulations that have to be complied with in all cases include the instructions and safety precautions issued and recommended by the manufacturer.

Paragraph 10. Acts of God

  1. Notwithstanding the additional rights accruing to her, Claddagh.nl shall, in case of acts of God, be entitled to optionally cancel the agreement or suspend its execution by means of informing the client in writing, without the obligation of reimbursement, unless this would be unacceptable within reason.
  2. Acts of God are considered to be any circumstances beyond the control of Claddagh.nl that cannot be attributed to any fault or neglect on the part of Claddagh.nl according to the Law, legal actions or usual business practice.

Paragraph 11. Complaints

  1. In case of complaints the client should first contact Claddagh.nl by means of any usual communication in writing (such as mail, fax, e-mail) and state the complaint. Within 30 days of its receipt, Claddagh.nl will process the complaint or, in case it is impossible to do so, inform the client of this fact in writing, stating the estimated delay in processing the complaint.

Paragraph 12. Liability and (transport) damage

  1. Liability on the part of Claddagh.nl in all cases is restricted to the amount of the damage which could be foreseen in similar cases.
  2. In case the product or its packing shows, or is found, to have been damaged, the client is bound to inform the deliverer and to refuse delivery. Moreover he is bound to inform Claddagh.nl of this fact in writing, without delay.
  3. Damage which is not immediately apparent shall be reported to Claddagh.nl as soon as it is found, in writing and without delay.

Paragraph 13. Privacy

  1. Claddagh.nl will treat all data received by her in compliance with applicable Law, in particular the Wet Bescherming Persoonsgegevens (Dutch Law governing privacy)
  2. All data issued by clients will be used solely by Claddagh.nl inasmuch as this is necessary to enter into, and comply with, the agreement and the company processes used by Claddagh.nl. Data are passed on to third parties only if and when this is necessary in view of these goals.
  3. For more information on this topic you are referred to www.claddagh.nl under "Privacy".

Paragraph 14. Final Provisions

  1. In case of any provision laid down in these Terms of Delivery not complying with applicable Law or, for any reason whatsoever, not being considered, this shall not affect the applicability and validity of the remainder of these Terms of Delivery. What has been stated without compliance will be replaced with a condition in compliance with the Law, to be ascertained by Claddagh.nl.
  2. Claddagh.nl is entitled to forward all goods to the address indicated by the client.
  3. Claddagh.nl is entitled to hire third parties in order to execute its agreements with clients.
  4. All agreements with Claddagh.nl and all matters in dispute stemming from these Terms of Delivery will solely be governed by Dutch Law. Applicability of the UN Convention on the International Sale of Goods is explicitly excluded.